What role does the specification play in interpreting unclear claim terms?
The specification plays a crucial role in interpreting unclear claim terms. According to MPEP 2173.03:
“The specification should ideally serve as a glossary to the claim terms so that the examiner and the public can clearly ascertain the meaning of the claim terms.”
This means that when claim terms are unclear or ambiguous, examiners and the public should be able to turn to the specification for clarification. The specification should provide definitions, explanations, or context that helps interpret the claim language. However, it’s important to note that while the specification can provide clarity, it cannot be used to read limitations into the claims that are not explicitly stated there.
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Topics:
MPEP 2100 - Patentability,
MPEP 2173.03 - Correspondence Between Specification And Claims,
Patent Law,
Patent Procedure